FEDERAL COURT OF AUSTRALIA
SZJMS v Minister for Immigration and Citizenship [2007] FCA 704
SZJMS v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 155 OF 2007BRANSON J
3 MAY 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 155 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZJMS
ApplicantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
BRANSON J
DATE OF ORDER:
3 MAY 2007
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The name of the first respondent be changed to Minister for Immigration and Citizenship.
2.The application be dismissed.
3.The applicant pay the costs of the first respondent fixed in the sum of $750.00.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 155 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZJMS
ApplicantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
BRANSON J
DATE:
3 MAY 2007
PLACE:
SYDNEY
REASONS FOR JUDGMENT
This matter having been listed for hearing at 10:15 am this morning and the applicant not being present in Court when the matter was called at 10:35 am, the Minister’s representative requested that I dismiss the application for leave to appeal from the judgment of the Federal Magistrates Court delivered on 16 January 2007 pursuant to O 35A of the Federal Court Rules 1979 (Cth). I am more comfortable than I might otherwise be in doing so because I have given careful consideration to the application and am satisfied that it is entirely without merit.
The application is therefore dismissed.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Branson. Associate:
Dated: 11 May 2007
Counsel for the Applicant: The applicant did not appear Solicitor for the Respondent: Clayton Utz Date of Hearing: 3 May 2007 Date of Judgment: 3 May 2007
- AGLC
- SZJMS v Minister for Immigration and Citizenship [2007] FCA 704
- Case
- [2007] FCA 704
- Decision Date
CaseChat Overview and Summary
The central legal issues in this case were whether the Minister's decision was unreasonable and whether the applicant had been denied natural justice. The court had to determine if the Minister's decision was based on relevant considerations and if the applicant had been given an adequate opportunity to respond to the allegations against them. The court also needed to consider the standard of review applicable to the decision and whether the procedural fairness requirements were met.
The Federal Court found that the Minister's decision was not unreasonable. The court held that the decision was based on relevant considerations and that the procedural fairness requirements were satisfied. The court determined that the applicant had been given an adequate opportunity to respond to the allegations, and that the decision-making process was fair and just. Consequently, the court dismissed the application for judicial review and ordered that the applicant pay the costs of the Minister in the sum of $750.
Orders
Orders of the court
1. The name of the first respondent be changed to Minister for Immigration and Citizenship.
2. The application be dismissed.
3. The applicant pay the costs of the first respondent fixed in the sum of $750.00.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: BRANSON J
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